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Lady Inveraw v The Earl of Breadalbane. [1747] Mor 11156 (20 January 1747)
URL: http://www.bailii.org/scot/cases/ScotCS/1747/Mor2611156-356.html Cite as:
[1747] Mor 11156
The minority of one or more creditors only interrupts the prescription of the interest that was in the minor.
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Where a pursuer's minority was pleaded for eliding prescription of a moveable debt, it was answered, That during part of the time in which the pursuer was minor, she had brothers and sisters who had an equal interest with her in the debt pursued for; and though they were now all dead without having made up titles, whereby the right to the whole had devolved upon the pursuer; yet as the brothers and sisters, who were in the right of apparency while they lived, were majors, and that the years of prescription expired before their death, the same was effectual as to their proportions of the debt.
The Lords sustained the answer, and found, “That the minority of the pursuer did only save the interest that was in her during her minority.”
Fol. Dic. v. 4. p. 111. Kilkerran, (Prescription.) No 12. p. 421.
